Good Pilates
Terms and Conditions
These Terms will apply to every provision of Services and sale of Goods by Good Pilates. Good Pilates reserves the right to change, update or reissue these Terms at any time. Any such changes will be posted to our Website or the Online Booking Platform and you agree to be bound by such changes.
Definitions
Account means the completion of a registration form on the Online Booking Platform;
Australian Consumer Law means Schedule 2 to the Competition and Consumer Act (as amended or replaced from time to time);
Competition and Consumer Act means the Competition and Consumer Act 2010 (Cth) (as amended or replaced from time to time);
Claims means and includes all manner of actions, suits, causes and rights of action whether under statute or legislation of any type or at law or in equity, damages, claims for rectification, demands, entitlements, liabilities, rights to indemnity or contribution, compensation, costs and expenses, claims for interest, arbitration, orders, verdicts and judgments, or any other rights of every description whatsoever or howsoever arising (whether or not presently ascertained, immediate, future or contingent);
Class means a pilates class held at the Pilates Studio delivered by Good Pilates, including (without limitation):
group reformer classes;
private reformer classes (1:1, 2:1, small group);
mums/dads & bubs reformer classes (for babies up to 6 months based on babies movement abilities); and
over 50s reformer classes; and
any other types of Classes provided form time to time;
Fees means the fees for the Member Class or Class Pack as published or purchased on the Website or the Online Booking Platform;
Goods means goods supplied by Good Pilates pursuant to these Terms, including without limitation, Good Pilates merchandise;
Good Pilates means Good Pilates Pty Ltd ACN 663 290 748;
Member means a person with a paid Member Class or Class Pack;
Member Class or Class Pack means a class or class pack that is purchased by a person in order to access the Pilates Studio and attend Classes in which:
includes a pre-determined amount or unlimited amount of unscheduled Classes that you purchase together for future individual use;
expires after a set period of time after the purchase date; and
the number of Classes and expiry date will be indicated in the conditions at the time or purchase;
Members Rules means the members rules as amended from time to time and as initially set out in Annexure A;
Online Booking Platform means the third party system used by Good Pilates (from time to time) available for purchasing Member Class or Class Packs and booking Classes;
Pilates Studio means the Pilates studio operated by Good Pilates and located at 202 Mount Barker Road, Aldgate SA 5154 or any subsequent premises from where Good Pilates operates a Pilates studio;
Services means services supplied by the Good Pilates to you pursuant to these Terms, including without limitation, Pilates and associated fitness services;
Terms means these terms and conditions;
Website means the website owned and operated by Good Pilates at www.goodpilates.com.au ; and
You means a person who either (as the case may be):
is a Member; or
enters the Pilates Studio regardless of any Member Class or Class Pack; or
purchases any Goods.
Account Registration and Obligations
Account Registration
You must first create and register an Account before you can purchase any Member Class or Class Pack.
You must be at least 16 years old to create and Account.
To register for an Account, you will be required to provide personal information including (without limitation):
email address;
username;
mailing address;
telephone number;
password; and
relevant health information including pre-existing medical conditions or limitations.
You warrant that any information you give to Good Pilates in completing registration for an Account is accurate and complete.
If there are changes to your personal information, in particular:
any new medical condition or limitations; or
any changes to an pre-existing medical conditions or limitations
you must notify Good Pilates as soon as possible at studio@goodpilates.com.au or in person and prior to undertaking any Class.
Account Obligations
You are solely responsible for the confidentiality of your Account password and/or email address.
Use of your Account registration information by any other person is strictly prohibited. You agree to immediately notify Good Pilates of any unauthorised use of your password or email address or any breach of security of which you have become aware of.
Good Pilates reserves the right, in its sole discretion, to suspend or cancel your Member Class or Class Pack, if Good Pilates suspects any fraud or misuse of the Online Booking System.
Privacy Policy
Good Pilates will handle all personal in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles. You consent to us collecting, holding, using and disclosing your personal information in accordance with this policy.
The collection and use of personal information by the Online Booking Platform is governed in accordance with their privacy policy which can be viewed on their website. You agree you have read, understood and agreed to be bound by their Privacy Policy.
You acknowledge that Good Pilates may take photos, films, videos or audio recordings of you for promotional purposes (Promotional Materials).
You agree that Good Pilates may use the Promotional Materials for any legitimate purpose including advertising or marketing the Pilates Studio and you agree to assign any rights that you may have in the Promotional Materials to Good Pilates.
Fees and Payment
You agree to pay the Fees for the Member Class or Class Pack on Online Booking Platform (or by automatic payments or deductions where agreed). In using the Online Booking Platform and paying the Fees, you agree you have read, understood and agreed to be bound by the Online Booking Platform's terms and conditions which are available on their website.
Member Class or Class Packs are sold for personal use only and are non-refundable or transferable unless otherwise agreed by Good Pilates in writing. Good Pilates reserves the right to cancel your Member Class or Class Pack if it discovers you have traded, gifted, shared, provided or otherwise transferred your Member Class or Class Pack to any other person without the written consent of Good Pilates.
Good Pilates reserves the right to review and change the Fees applicable to Member Class or Class Packs at any time. Good Pilates will notify you of any changes to the pricing of the Class or Class Packs in writing and Fee changes will be published on the Website.
Gift Cards will be valid for 3 years after issue and are not redeemable for cash.
Class Attendance and Cancellation or Failure to Attend
By the Member
Members must pre-book Classes through the Online Booking Platform .
If you have booked a Class and wish to cancel your attendance you must process the cancellation through the Online Booking Platform (and cancellations will not be accepted by any other means).
If the Member cancels the booking for a Class up to 8 hours prior to the schedule commencement of the Class, you will not be charged for that Class.
If the Member cancels the booking for a Class less than 8 hours prior to the scheduled commencement of the Class, or fails to attend the scheduled Class, Good Pilates is not liable for any refund, credit, transfer or compensation of any kind in respect of cancellation of your booking or failure to attend the scheduled Class. Failure to attend the scheduled class will result in a $10 no show fee.
If your cancellation of a Class or failure to attend a Class, is by reason of extenuating circumstances, Good Pilates may, at its absolution discretion, grant you a credit for that Class.
By Good Pilates
Good Pilates may cancel any Classes at its discretion, including (without limitation) when there are insufficient booked places or if Good Pilates is unable to operate the Class. You will not be charged for that Class and will be granted credit for that Class.
Good Pilates will use its best endeavours to notify the Member in advance of any cancellation of Classes by Good Pilates.
Health and Safety
Physical Condition
Prior to undertaking any new form of exercise, you should consult with your doctor or other healthcare practitioner to ensure that you are mindful of your current health and any restrictions that may be appropriate for you.
Good Pilates may require you to obtain medical advice before allowing you to participate in any Classes. You acknowledge that pre-exercise or other screening is no substitute for medical advice and does not guarantee against injury or death.
You agree to notify the Good Pilates if you become aware of any injury, medical or other health-related issue that may affect your ability to participate in any Classes.
You agree to use the Pilates Studio at your own risk and acknowledge that you are responsible for ensuring that they are in good physical condition each time you use the Pilates Studio.
You warrant that any information that you provide to Good Pilates is true and accurate and not misleading in any way.
You warrant that, if they are suffering from any illness, disease, injury or other condition that could be a risk to their health or safety or that of other members, Good Pilates staff or any third parties, you will not use the Pilates Studio.
Good Pilates may suspend or cancel your Member Class or Class Pack if it has reason to suspect that you have not complied with this clause 6.1.
Orientation
You agree to participate in an orientation to familiarise yourself with the Pilates Studio and Good Pilates equipment, facilities and exercise techniques.
Use of Equipment
You agree to take reasonable care to use Good Pilates facilities and equipment safely and properly and to follow all reasonable directions Good Pilates staff. You agree not to use any equipment or to undertake any exercise or activity for which you have not received orientation.
Pre Natal Members
Good Pilates can accommodate pregnant Members in group and private Classes unless you are experiencing complications in your pregnancy. Please inform us as soon as practicable if you are pregnant.
All pregnant Members must provide written clearance to Good Pilates from your doctor, women's health physio or obstetrician before participating in any Classes.
Please ensure your Class trainer is informed with what week you are up to at the beginning of each Class, as modifications of certain exercises will need to be given. If you are new to reformer Pilates, we highly recommend starting with private Classes in order to learn the modifications required for pregnancy.
Post natal and Mums/Dads & Bubs Classes
To attend post-natal classes a Member must be given medical clearance to return to Classes from their GP or Obstetrician. A Member must inform the instructor if they are less than 12 weeks postnatal as modifications of certain exercises may be required.
You agree that you remain responsible for the safety, care and supervision of children during any mum/dad & bubs Classes, and you will supervise your child/ren during any period that they are located within the Pilates Studio or present during a mum/dads & bubs Class.
You acknowledge that Good Pilates do not provide any child supervision services.
Liability Waiver
The use of facilities and equipment of Good Pilates shall be at your own risk, and Good Pilates, its employees, agents and contractors, shall have no liability for any injuries or damage resulting from such use. You agree to release Good Pilates and its employees, agents and contractors from any and all Claims which relate to or arise directly or indirectly out of, or are connected with your use of the Pilates Studio.
You acknowledge that our Class instructors may make physical contact with you to assist with the use of the facilities and equipment or to correct your body position and movement during a Class in accordance with industry practice methods. You acknowledge and agree that your participation in these practice methods is entirely at your own risk.
You agree to pay for any damage to the Pilates Studio or Good Pilates facilities and equipment caused by any wilful, wrongful or negligent act or use of the Pilates Studio, facilities or equipment by you.
Security
CCTV
You acknowledge that the Good Pilates may use CCTV cameras to monitor the Pilates Studio and maintain security and you consent to the use of CCTV cameras for this purpose.
Personal Property and Storage Facilities
You acknowledge that, if you bring any personal property into the Pilates Studio, you do so at your own risk and Good Pilates is not liable for the loss, theft, damage or destruction of your personal property.
Good Pilates may provide storage facilities at the Pilates Studio for your use. If you use the storage facilities, you acknowledge that you do so at your own risk.
Membership Rules
The Member agrees to comply with the Membership Rules and all reasonable directions of Good Pilates staff.
Good Pilates may update or replace the Membership Rules in its absolute discretion from time to time. If Good Pilates updates or replaces the Membership Rules, it will endeavour to notify the Member and/or display the updated Membership Rules in the Pilates Studio.
If the Member breaches any of the Membership Rules, Good Pilates may do anything that it considers necessary including (but not limited to):
providing the Member with a warning;
suspending the Member's Class or Class Pack;
cancelling the Member's Class or Class Pack; or
banning the Member from the Pilates Studio.
Price and Payment of Goods
Prices quoted in the Good Pilates price lists, quotes and advertising literature are for guidance only and they are exclusive of GST unless otherwise indicated (which will be included). The contract price of the Goods sold to you will be as agreed between you and Good Pilates.
The contract price of Goods shall be paid at the time of purchase.
You acknowledge that Good Pilates may use third-party banking merchants to process payments of the Goods, and in these circumstances, your use of these payment facilities may be subject to the terms and conditions of the third-party banking merchant.
In the event of any outstanding monies owed to Good Pilates from you, all costs and expenses incurred by Good Pilates in recovering any outstanding money (including, without limitation, debt collection agency fees or lawyer's costs on a solicitor-own client basis) shall be paid by you.
Delivery, Title and Risk of Goods
Once an order has been placed by you, and accepted by Good Pilates, it cannot be cancelled by you. The supply of Goods is subject to availability, and Good Pilates reserves the right to suspend or discontinue the supply of Goods to you.
Good Pilates reserves the right to deliver part of an order to you, and you agree to accept any part order so delivered. Failure by Good Pilates to deliver any part of an order shall not entitle you to cancel the balance of the order.
Where a time for delivery is agreed, Good Pilates will take all reasonable action to deliver the Goods on time, but time shall in no circumstances be deemed of the essence, and Good Pilates shall not be liable for any loss or damages suffered by you arising out of, or in relation to, a delay in delivery by Good Pilates.
Property in and legal and beneficial ownership of the Goods shall remain with Good Pilates until you have made payment in full.
Return of Goods
To the extent permitted by law:
Good Pilates will only accept the return of Goods and bear the cost of return freight if Good Pilates is legally obliged to repair or replace those Goods or the Goods were delivered to you as a result of Good Pilates error, but not otherwise;
You will not return Goods for repair or replacement until, following receipt of the your written notice that Goods require repair or replacement, and Good Pilates has inspected the Goods; and
subject to the foregoing, receipt by Good Pilates of Goods returned, will not constitute or be deemed to constitute Good Pilates acceptance of the return of those Goods for any purpose, and those Goods will be returned to you at your expense.
Limitation of Liability
You acknowledge, agree, represent and warrant that:
the use of the Goods is outside the control of Good Pilates, and you are satisfied that the Goods have (unless the Goods are returned pursuant to clause 14) the condition, characteristics, quality and attributes that will make them suitable or fit for any ordinary or special purpose required for those Goods, even if that purpose was made known to Good Pilates; and
you have not relied upon any statement, representation, warranty, guarantee, condition, advice, recommendation, information, assistance or service provided or given by Good Pilates or anyone on its behalf, or apparently on its behalf, in respect of the Goods, other than those that are expressly contained in these Terms.
Subject to the remainder of this clause 15, Good Pilates offers no guarantee or warranty in respect of the Goods and Services it supplies to you, and all representations, conditions and warranties of any nature made in relation to the Goods and Services are expressly excluded from these Terms and shall not bind Good Pilates.
To the extent permitted by law, where Good Pilates becomes liable to you in any manner for any breach of any condition or warranty expressed or implied in relation to the supply of Goods or Services to you, Good Pilates liability will be limited, at the Good Pilates sole discretion to either:
in relation to the supply of Goods:
the replacement of the Goods or the supply of equivalent goods;
the repair of the Goods;
the payment of the cost of replacing the Goods or of acquiring equivalent goods; or
the payment of the cost of having the Goods repaired; and
in relation to the supply of Services:
the supplying of the Services again; or
the payment of the cost of having the Services supplied again.
If any action is brought by you against Good Pilates, pursuant to Part 5.4 Division 1 of the Australian Consumer Law, Good pilates liability will be as prescribed in Part 5.4 Division 1 of the Australian Consumer Law.
To the extent permitted by law, you release and indemnify Good Pilates and its officers, employees, consultants and agents from and against all Claims in respect of any loss, death, injury, illness, cost or damage arising out of or in relation to any breach by you of any warranty provided by it under clause 15.1.
To the extent permitted by law, Good Pilates will have no liability to you however arising, including, without limitation, under any cause of action or theory of liability, in respect of special, indirect or consequential damages, loss of profit (whether direct or indirect) or loss of business opportunity, arising out of or in connection with these Terms or any supply made pursuant to them.
Indemnity
You shall keep Good Pilates indemnified against all costs, claims, demands, expenses and liabilities of whatsoever nature, including, without limitation, claims of death, personal injury, damage to property and consequential loss (including loss of profit) which may be made against you or which you may sustain, pay or incur as a result of or in connection with the manufacture, sale, export, import or use of the Goods unless such costs, claim, demand, expense or liability shall be directly and solely attributable to any breach of contract or guarantee by, or negligence of, Good Pilates or its duly authorised employee or agent.
Intellectual Property
You acknowledge that the sale and purchase of the Goods does not confer on you any licence or rights under any patent, trade mark, design or copyright which is the property of Good Pilates. You shall not alter, remove or otherwise tamper with any of the trade or other marks or numbers attached to or placed upon the Goods by Good Pilates.
Severability
The whole or any part of a clause of these Terms shall be capable of severance without affecting the rest of these Terms.
Governing Law
These Terms shall be governed by the laws of the State of South Australia (excluding its conflict of laws provisions) and you must submit to the non-exclusive jurisdiction of the courts of or exercising jurisdiction of that State and you waives, without limitation, any claim or objection based on absence of jurisdiction or inconvenient forum.
Waiver
If Good Pilates elects not to exercise any of its rights arising as a result of a breach of these Terms, that will not constitute a waiver of any rights of Good Pilates relating to any subsequent or other breach.
Force Majeure
Good Pilates will not be in breach of any contract with you where it results from any act, matter or thing beyond the reasonable control of Good Pilates.
A. – Members Rules
The Member must comply with all reasonable directions of Good Pilates or any of its employees, officers or agents.
The Member must behave appropriately in a respectful manner.
The Member must use Good Pilates facilities and equipment safely and properly. If the Member is unsure how to use any of Good Pilates equipment, it must ask a staff member for assistance.
The Member must not wilfully or recklessly damage any of Good Pilates facilities or equipment.
The Member must not permit any other person to use their Member Class or Class Pack.
The Member must not engage in any commercial or business activities (including personal training or other fitness activities) in the Pilates Studio without the written consent of Good Pilates.
The Member must not sell, distribute or use illicit substances in or around the Good Pilates.
Children are not permitted in to the studio or to be left in the waiting room during Classes (other than scheduled mums/dads & bubs reformer classes in accordance with those relevant terms).